HomeMy WebLinkAbout20230559 1 Station Lane Mixed use building NOD pTOGA CITY OF SARATOGA Gage Simpson,Chair
Brad Gallagher,Vice Chair
Cheryl Grey
SPRINGS Emily Bergmann
— ZONING BOARD OF APPEALS Shafer Gaston
Brendan Dailey
Jonah Cohen
CITY HALL-474 BRoADwAY John Daley,Alternate
�RPQRATE 4 1� SARATOGA SPRINGS,NEwYORK12866
518-587-3550 Alice Smith,Alternate
W W W.SARATOGA-SPRINGS.ORG
920230599
IN THE MATTER OF THE APPEAL OF
West Station, LLC
2 Moore Avenue
Saratoga Springs NY 12866
from the determination of the Building Inspector involving the premises at 1 Station Lane in the City of Saratoga
Springs,New York being tax parcel number 165-2-76.2 on the Assessment Map of said City.
The applicant having applied for an area variance under the UDO of said City to permit construction of a mixed-
use development in the Neighborhood Center District NC/T-5 District and public notice having been duly given of
a hearing on said application held on October 2 and 23,and November 20, 2023.
In consideration of the balance between benefit to the applicants with detriment to the health, safety and welfare of
the community, I move that the following area variance for the following amount of relief:
Type of Requirement District dimensional Proposed Relief requested
requirement
Minimum Build-Out Percentage 70% 61.8% 8.2% (11.7%)
(Station Lane)
Maximum Fence height 8ft. 10.6 ft. 2.6ft(32.5%)
(Commercial)
As per the submitted plans or lesser dimensions,be approved for the following reasons:
1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. Per
the applicant, a not-to-be-impacted NYSDEC-regulated wetland and wetland-adjacent area are present on the
western portion of the project, and access to the lot must be as far away from West Avenue on Station Lane as
feasible in order to meet expectations of the Planning Board.The lot is on the corner of two streets;the applicant
intends to meet minimum build-out requirements for West Avenue and as much build-out as feasible for Station
Lane.The arrangement of the property creates need for a fence atop a retaining wall in order to create pedestrian
access while being in compliance with NYS building code.
2. The applicant has demonstrated that granting this variance will not produce an undesirable change in
neighborhood character or detriment to the nearby properties. The applicant's desire for a variance is driven by
a desire to protect NYSDEC-regulated wetland and wetland-adjacent areas,requirement for minimum driveway
width, and provide pedestrian access and ADA-compliant ramp from the street to the building.
3. The variance for minimum build-out at 11.7% is not considered substantial. The variance for maximum fence
height at 32.5%is considered substantial but this is not necessarily fatal to the application. The Board finds the
limited scope of non-compliant fence and its non-opaque design also improves the visual appearance.
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4. The Board finds this variance will not have an adverse physical or environmental effect on the neighborhood.
5. The alleged difficulty is not found to be self-created due to the requirements set forth for the project to develop
this parcel.
Note: Negative SEQR Declaration motion passed 4 (G. Simpson, S. Gaston, C, Grey, B. Gallagher) -3 (A. Smith,
B. Dailey, J. Cohen)
It is so moved. Dated:November 20, 2023
Adopted by the following votes:
AYES: 6 (G. Simpson, S. Gaston, C, Grey, B. Gallagher, B. Dailey, J. Cohen)
NAYES: 1 (A. Smith)
This variance shall expire 18 months following the filing date of such decision unless the
necessary building permit has been issued and actual construction begun as per the Unified
Development Ordinance.
I hereby certify the above to be a full, true and correct copy of a resolution duly adopted by the
Zoning Board of Appeals of the City of Saratoga Springs on the date above mentioned, seven
members of the Board being present.
SIGNATURE: 11/28/2023
CHAIR DATE RECEIVED BY
ACCOUNTS
DEPT.
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